NY State Notary Exam Questions and Answers Rated A

NY State Notary Exam Questions and Answers Rated A Notary publics are commissioned by who? The Secretary of State What is the term of commission for a notary public? 4 years Where is a notary public commissioned? In his county of residence What should notaries, who expect to regularly sign docs in counties outside of their residence, do? File a certificate of official character with other county What is not deemed to be NOT equivalent to a will's attestation clause? A notary public executing an acknowledgment of the execution of a will What happens to a resident who moves out of state and no longer has an office in NY? He vacates his office as a notary public The NY Secretary of State is the person upon whom process can be served upon a non-resident who...? Accepts the office of notary public in this state True of false- a notary public must have a common school education, or equivalent, in order to be appointed? True Upon application for reappointment, qualifying requirements may be waived if notary public applies within how many months of expiration? 6 months Under which circumstances does the 6-month-from-expiration deadline not apply? (Reapplication) When someone couldn't apply because they were in the armed forces, they have 1 year from the time they were (honorably) discharged. What must happen before a notary public can be removed from office? The notary public must first be served with a copy of the charges against him, and he must be given an opportunity to be heard If you've been convicted of a felony in this state, you cannot be appointed as notary public: Trick question! You can't be appointed if you've been convicted of a felony in ANY state In addition to being convicted of a felony, what other offenses would bar you from being appointed as a notary public? Illegal using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying, receiving, or criminally possessing stolen property; unlawful entry of a building; aiding escape from prison; unlawfully possessing or distributing habit forming narcotic drugs; draft act violations; vagrancy or prostitution (w/ no executive pardon or certificate of good conduct from parole board) How much is the application fee? $60 (non-refundable) What information can be found on the notary public ID card? Name, address, county, and commission term When is a notary public appointed? On the 10th day of the following month (after application) What is the application fee for reappointment? $60 What is the fee for a certification of notorial signature? $3 What is the fee for change of name or address, to replace a lost/destroyed/damaged ID card, or for a certificate of official character? $10 A person removed from this office is not eligible for appointment again to the same office and may no longer appoint to the office of notary public: Commissioner of Deeds for the City of NY If the Commissioner of Deeds for the City of NY was removed from office, and he signs or executes any instrument (either as Commissioner of Deeds or as a notary public) after knowledge of such remover, he is guilty of what? A misdemeanor True of false: A Commissioner of Elections or Inspector of Elections is not eligible for the office of notary public. False. A Commissioner of Elections or Inspector of Elections IS eligible for the office of notary public. True of false: A sheriff may be a notary public. False. A sheriff cannot be a notary public. How much does it cost to have a document notarized from the county clerk's office? Free of charge What must a county clerk designate from among his staff members at each of his offices? At least one notary public to be available to notarize documents for the public during normal business hours An individual appointed by the county clerk to be available to notarize documents for the public during normal business hours is exempt from what? Each individual appointed by the county clerk pursuant to this section is exempt from the exam fee ($15) and the application fee ($60) A member of the legislature may be appointed a notary public in view of what? In view of transfer of power of such appointment from the governor and senate to the Secretary of State What is the definition of pecuniary? Something related to money (Example: When you are interested in a job only because of the money, this is an example of a situation where you are driven by pecuniary interests.) When is a notary not capable of acting (re conflict of interest)? When the notary is a party to, or directly and has a pecuniary interest in the transaction, he is not capable of acting in that case. (Doing so is grounds for disqualification) What are the powers and duties of a notary public? Administer oats and affirmations; take affidavits and depositions; to receive and certify acknowledgements or proofs of deeds, mortgages and powers of attorneys and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes, and obligations in writing, and to protest the same for non-acceptance or non-payment. Can a notary public, who is also an attorney, administer an oath to or take the affidavit of his client? If so, when? Yes, and in respect of any matter, claim, action, or proceeding For any misconduct by a notary public, he is liable to who? To the injured parties for all damaged sustained by them Pretending to be a notary when you're not, or a notary who practices fraud or deceit while exercising powers in performance of his duties is guilty of what? A misdemeanor What notarial fees is someone entitled to for administering an oath or affirmation (jurat) and certifying the same when required? $2 What is a jurat? A jurat is used when the signer is swearing to the content of the document. The notary must administer an oath or affirmation to the signer in order to complete the jurat. A jurat also requires that the signer signs in the presence of the notary. What is an acknowledgement? An acknowledgement is used to verify the identity of the signer and to confirm that they signed the document. They are not swearing to the truthfulness or validity of the document, they are simply acknowledging that they signed the document. What things must be included with his signature when notary public notarizes a document? Below his signature, the notary must also include his name (either printed, typed or stamped in BLACK INK), the words "Notary Public State of New York," the name of the county in which he originally qualified, and the date upon which his commission expires. Also, for NYC notaries who have filed a certificate of official character within NYC must also affix to each instrument his official number or numbers in BLACK INK. True or false: An act of a notary shall be held invalid if the notary didn't include all of the necessary information upon signing (i.e. date of commission expiration, or the name of the county in which he originally qualified) False. NO official act of such notary public shall be held invalid on account of the failure to comply with these provisions. However, they are subject to disciplinary action by the Secretary of State. Can a notary public who is a stockholder, director, officer or an employee of a corporation notarize a document for the corporation? Yes. It's no problem as long as the notary isn't individually a party to such instrument and doesn't have a financial interest in the subject of the same. What does "conveyance" mean? Every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power and an instrument postponing or subordinating a mortgage lien; EXCEPT a will, a lease for a term not exceeding 3 years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. The following officers are authorized to administer oaths: 1. Each justice of the supreme court, each judge of the district court, the clerk of the supreme court, and the clerk's deputy. 2. The clerk of the district court, county auditor, recorder, and the deputy of each such officer within that officer's county. 3. Each county commissioner and public administrator within that officer's county. 4. Notary public anywhere in the state. 5. Each city auditor, municipal judge, and township clerk, within that officer's own city or township. 6. Each sheriff and the deputy sheriff within the sheriff's county in the cases prescribed by law. 7. Other officers in the cases prescribed by law or by rule of the supreme court Certificate of Acknowledgment A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach a certificate of acknowledgement signed by him, stating all matters required to be done, known, or proved; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, is place of residence. (There are uniform forms of certificates of acknowledgments) What is the legal definition of a "person?" A person means any corporation, joint stock company, estate, general partnership, LLC (dom. or foreign), joint venture, limited partnership, natural person, attorney, REIT, other trust, custodian, nominee or any other individual or entity in its own or any representative capacity. When should a conveyance of real property NOT be recorded? If they're not in English (unless accompanied by certified English translation) Banking law re safe deposit boxes If the rental fee of any safe deposit box is not paid, or after the termination or the lease for such box, and at least 30 DAYS AFTER GIVING PROPER NOTICE to the lessee, the lesser (bank) may, IN THE PRESENCE OF A NOTARY, open the box, remove and inventory the contents. The notary shall then file with the lessor a certificate under seal which states the date of the opening, the name of the lessee and a list of the contents. Within 10 days of the opening of the safe deposit box, a copy of this certificate must be mailed to the lessee at his last known postal address. What is Rule 3113? Authorizes a deposition to be taken before a notary public in a civil proceeding. Except on Sundays, unless it's a criminal matter, then Sundays are permitted. When is it permitted to take a deposition before a notary public on a Sunday? If it's a criminal matter Does a notary have the authority to solemnize marriages? A notary has no authority to solemnize marriages, nor may a notary take the acknowledgment of parties and witnesses to a written contract of marriage. Attestation Clause In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature. A notary cannot witness person will is for, but witnesses are okay What are treble damages? Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. When is a notary public liable to plaintiff for treble damages? A notary public is a public officer and he must execute his duty without fee or reward EXCEPT where a fee or other compensation is expressly allowed by law. If an officer violates this, he is liable to plaintiff for treble damages. (Side note: can demand in advance his fee) Codicil A codicil is a testamentary document similar but not necessarily identical to a will. In some jurisdictions, it may serve to amend, rather than replace, a previously executed will. In others, it may serve as an alternative to a will. In still others, there is no recognized distinction between a codicil and a will. When is an officer (notary or otherwise) not entitled to a fee? Administering the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or to any other public officer or public employee When may an officer be removed from office? If he made a misstatement of a material fact in his application for appointment; for preparing and taking an oath of an affiant to a statement that the notary knew to be false or fraudulent. Class D Felony- Term Maximum term of an indeterminate sentence shall be at least 3 years; term fixed by court; 3-7 years Class E Felony- Term Term fixed by court, not exceed 4 years; 3-7 years Sentences of imprisonment for misdemeanors and violations- Class A misdemeanor Definite sentence; term fixed by court; shall not exceed 1 year Forgery in the second degree: What is it? What type of felony? (Written instrument) A person is guilty of forgery in the second degree when, WITH THE INTENT to defraud, deceive, or injure another, he falsely makes, completes, or alters a written instrument; Class D felony (3-7 years) Issuing a false certificate: What is it? What type of felony? A person (who is authorized to make/issue official certificates) is guilty when WITH INTENT etc. he issues such an instrument knowing that it contains a false statement or false information. Official misconduct: What is it? What type of misdemeanor? A public servant is guilty when, WITH INTENT to obtain benefit or to injure or deprive another person of a benefit: 1) commits an act relating to his office, knowing such an act is unauthorized, 2) he knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office; Class A misdemeanor; 1 year max Penal Law 195 Notary must officiate on request; a refusal to do so is a misdemeanor What is necessary for a perjury indictment to be made? A verbal oath Acknowledgement A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed